Habibunisa Begum Rafiq Ahmed Thr Jamila Begum Sk Rafiq Ahmed And ORS v. Mohd Rasheed Inayatullah Khan And ORS

2025:BHC-AUG:31079 ( 1 ) 9 CA 661 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 661 OF 2020 IN SA/458/2006 HABIBUNISA BEGUM RAFIQ AHMED THR JAMILA BEGUM SK RAFIQ AHMED AND ORS

VERSUS

MOHD RASHEED INAYATULLAH KHAN AND ORS WITH CIVIL APPLICATION NO. 662 OF 2020 IN SA/458/2006 HABIBUNISA BEGUM RAFIQ AHMED THR JAMILA BEGUM SK RAFIQ AHMED AND ORS

VERSUS

MOHD RASHEED INAYATULLAH KHAN AND OTHER ...

Adv. Ansari Asfia Nuzhat, for Applicants Adv. Mohit S. Shah h/f. Mr. P. P. Mandlik, for Respondent No.2 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 12.11.2025 PER COURT :- 1.

Applicants seek condonation of delay of 1628 days in setting aside abatement and in bringing legal heirs of deceased respondent no.1-Mr. Mohd. Rasheed s/o Inayatullah Khan on record.

2.

The proposed legal heirs are served and they have not caused

( 2 ) 9 CA 661 OF 2020 appearance. The cause of action survives as against them. The Second Appeal is pending for admission. It is desirable to condone the delay 3.

Civil Application are allowed in terms of prayer clause "B". Delay is condoned. Needless to state that abatement is also set aside and legal heirs of respondent no.1 shown in the application shall be brought on record. 4.

Civil Applications are disposed of.

( SHAILESH P. BRAHME, J. ) PRW